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Employee Rights Blog

Were You Illegally Laid Off?

Posted by Eric Kingsley | Nov 25, 2020 | 0 Comments

Employers often adopt the strategy of laying off employees when finances get tight or when there is an economic downturn. Right now, for example, the coronavirus pandemic has led to numerous layoffs not just here in California, but around the country. However, regardless of the financial position...

Reasons For Which Employers Cannot Fire Their Employees

Posted by Eric Kingsley | Nov 07, 2020 | 0 Comments

California is an at-will employment state, which means that generally speaking, an employer can fire an employee for any reason and not have to offer justifications for that decision. That said an employer is prohibited from terminating employees for reasons that would be in violation or federal,...

Wells Fargo Discrimination Settlement

Posted by Eric Kingsley | Sep 25, 2020 | 0 Comments

Wells Fargo has agreed to make job offers to 580 applicants and pay $7.8 million in back wages and interest to settle allegations of hiring discrimination by the U.S. Department of Labor. According to a report on Hrdive.com, the allegation stated that the company violated federal law by discrimin...

Is Wrongful Termination Difficult To Prove?

Posted by Eric Kingsley | Sep 01, 2020 | 0 Comments

Is wrongful termination hard to prove? In California, employment is "at will," which means employers can terminate employees without giving cause or justification and employees can quit their jobs without providing cause or justification as well. Would you like to see this article as a graphic? V...

Unreimbursed Employee Expenses: How To Collect

Posted by Eric Kingsley | May 26, 2020 | 0 Comments

In 2018, the deduction for unreimbursed employee expenses was eliminated by The Tax Cuts and Jobs Act, which was passed by Congress. Before this law was passed, employees who incurred job-related expenses such as travel expenses were able to list them as itemized deductions on their federal tax r...

Who Can Collect Unemployment In California?

Posted by Eric Kingsley | Apr 19, 2020 | 0 Comments

If you are a California worker who has been laid off because of the coronavirus pandemic or any other reason, you may be eligible to collect unemployment benefits. In California, employees who are temporarily out of work may qualify for unemployment. Right now, millions are out of a job in the st...

Coronavirus Layoffs: What Do Workers Do Now?

Posted by Eric Kingsley | Apr 14, 2020 | 0 Comments

The economic impact of the coronavirus pandemic has been devastating not just for California or the United States, but also at a global level. In the United States, more than 16 million people have filed for unemployment in the last three weeks. Economists are predicting that at least 20 million ...

Continuing Violation

Posted by Eric Kingsley | Jan 25, 2020 | 0 Comments

The type of discrimination most people know about is discrimination based on sex, race, national origin, disability, sexual orientation, age, religion, marital status, and pregnancy. To pursue a claim protesting this kind of discrimination, a person must file a claim with an administrative agency...

Family And Medical Leave In California

Posted by Eric Kingsley | Dec 09, 2019 | 0 Comments

Life isn't always predictable. Be it the birth of a child or being hampered by an illness or disability, workers in California can feel vulnerable and helpless in such situations especially with questions over finances and continued employment hovering over their heads. There are a number of ques...

Wages For Employee Training

Posted by Eric Kingsley | Oct 29, 2019 | 0 Comments

If you are a California employer that uses interns, or provides training to individuals that could lead to employment, you run the risk of having these individuals qualify as “employees”. And with “employee” status, it may require you to comply with Labor Code requirements dealing with minimum wa...

When Travel Time Counts As Paid Time

Posted by Eric Kingsley | Oct 17, 2019 | 0 Comments

The principles applied when determining whether or not time spent traveling is considered “hours worked” depend upon the kind of travel involved. Daily Commute Typical employment requires an employee to commute from home to work, and back home at the end of the workday. The U.S. Department of Lab...

What You Need To Know About Implied Contracts

Posted by Eric Kingsley | Oct 15, 2019 | 0 Comments

One of the ways to prove wrongful termination is with an implied contract.  When an employer does not abide by the terms of implied or oral contract and terminates an employee without “good cause”, it could be considered wrongful termination and you can take legal action in California. What is an...

Overtime And Holiday Pay Under Prevailing Wage Law

Posted by Eric Kingsley | Sep 08, 2019 | 0 Comments

How is overtime and holiday pay affected by California Prevailing Wage Law? Under California Prevailing Wage Law, minimum wage standards are regulated for all workers performing on construction projects of $1,000 or more funded in whole or part by public funds. Wages are based on trade, craft or ...

Protections Against Employment Discrimination

Posted by Eric Kingsley | Aug 06, 2019 | 0 Comments

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. It is illegal to discriminate in any facet of employment, so workplace discrimination extends beyond hiring and ...

The Facts About Race Discrimination In The Workplace

Posted by Eric Kingsley | Jul 24, 2019 | 0 Comments

Race discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their race or characteristics associated with race such as hairstyle, skin color or facial characteristics. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing A...

What To Do When Sexual Harassment Occurs At Work

Posted by Eric Kingsley | Jun 04, 2019 | 0 Comments

Certain behaviors, such as promised promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Behaviors such as those are examples of sexual harassment which is against the law. California and Federal law generally defines sexual...

What Is Religious Discrimination?

Posted by Eric Kingsley | Jun 02, 2019 | 0 Comments

Religious discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their religious beliefs or practices. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit religious discrimination in the workplace.  Th...

Sexual Discrimination During The Interview Process

Posted by Eric Kingsley | May 30, 2019 | 0 Comments

Interview Questions That Are Illegal The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit employers from asking certain questions while vetting job applicants. These laws are in place, in part, to protect you against sexual discrimination duri...

Pregnancy Discrimination Law Facts

Posted by Eric Kingsley | May 28, 2019 | 0 Comments

Pregnancy discrimination occurs when an employee or female applicant is treated unfairly due to pregnancy, giving birth, or a medical condition due to pregnancy or childbirth.  Every year, thousands of women file pregnancy discrimination charges.  To help you, we will provide the basic facts that...

Time Restraints On Sexual Harassment Reporting

Posted by Eric Kingsley | May 12, 2019 | 0 Comments

When you are a victim of sexual harassment you may feel overwhelmed and unsure of what to do.  It is wise to consult an attorney immediately for advice and guidance. California and Federal law protects you; however you must file a complaint within one year of the harassing behavior. How Long Do I...

Employer Responsibility In Sexual Harassment Prevention

Posted by Eric Kingsley | May 08, 2019 | 0 Comments

It is your employer's responsibility to take practical steps to prevent sexual harassment. Whether sexual harassment has already occurred, or an employer does not follow prevention laws, they can be held accountable for their violations. When Sexual Harassment Occurs When harassment does occur, t...

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